What is the name of your state?What is the name of your state? New Mexico
On approximately January 25, 2005, I completed a purchase of a small automobile chassis from a Cobra kit manufacturer in Florida. During the construction of the frame, I looked into various methods of delivery. The President of the company told me that they were using CON-WAY Western Express for shipments going west with satisfactory results. I asked the gentleman to get an estimate from CON-WAY. He received an estimate of ~$290. That seemed reasonable to me and I asked him to send the chassis via CON-WAY Western Express. The chassis was sent from Odessa, Florida 33556-5306 in the typical class that every other chassis was sent using CON-WAY Western Express and that is with a Class 100 designation. Again, Everett Morrison Motorcars has sent many bare chassis like mine with this designation. When it arrived to my home in Albuquerque, New Mexico, the driver presented me with at shipping bill of $599.23. I was shocked and confused at the extreme increase in shipping. I told the driver that there must be a problem because I received an estimate of $290.00. Understandably, he explained that he didn’t handle billing disputes and he suggested I call his supervisor at CON-WAY. I spoke to a gentleman by the name of Brian. I explained to Brian that I had received an estimate of $290. Brian told me, after checking my account, the classification had been changed. I asked why I had not been notified. I explained that I choose CON-WAY because they were reasonably priced and in line with what was the norm for such a shipment as mine. Brian told me that it was CON-WAY’s legal right to change classification if they deemed it necessary. I said that that was fine but why wasn’t I notified of the change. He explained that in the “Terms and Conditions” spelled out in the agreement, that kind of notification wasn’t required. I couldn’t believe what I was hearing!! What kind of company treats it’s customers in this fashion? While I did have cash in hand for the estimated costs, now that they had more than doubled, I paid with a personal check. The CON-WAY invoice is clearly marked by the driver as “#013101 S.W., Paid CK#6517, Driver Collect”
I began to inquire with several trucking firms and each one said that, while it is within the legal rights of trucking companies to change the classification, it is very unusual for them to exercise that right and almost never to the increase that CON-WAY has changed my shipment. That is from a Class 100 to the most expensive designation of a Class 300. Although feeling treated very poorly, I let the matter drop until….
Many months later, a billing representative by the name of Shirley called me from CON-WAY. She asked me if my check to CON-WAY had cleared. I had checked earlier that month and it had not. She explained that CON-WAY had somehow lost my check and she asked if I would send another. I told her that I couldn’t do it anytime soon as I do not work near my banking institution and it would require me taking time off work. I explained that a cancelled check requires the transaction to be done during regular banking hours and the bank closes before I get off work. She left an address to send the check and a number to call when I did send it. My feelings are that I have met all legal obligations to CON-WAY. I paid and have a receipt for the payment.
Having met all legal obligations to CON-WAY, there is not much a customer can do in correcting the check mismanagement that the company has incurred. I have received today, August 8, 2005, a bill from CON-WAY Western Express. On it, in the back, is the “Terms and Conditions”. It is the first time I have had to review the terms as, again, I was not the originator of the contract. Still, I have met the terms of the agreement and no one at CON-WAY has contested this. The representative, Shirley, admits that the check loss was the fault of CON-WAY. In the interest of extending the “olive branch”, despite the poor treatment that I have received, I have offered one scenario. If CON-WAY will send me a corrected invoice with the classification returned to the original Class 100, I will be more than happy to pay that amount in full with a Cashiers Check sent by Certified Mail or I will personally deliver the Cashiers Check to the Albuquerque office. The long story made longer...if a customer gives a check to a company and the company loses it, is the customer responsible for reissue?
On approximately January 25, 2005, I completed a purchase of a small automobile chassis from a Cobra kit manufacturer in Florida. During the construction of the frame, I looked into various methods of delivery. The President of the company told me that they were using CON-WAY Western Express for shipments going west with satisfactory results. I asked the gentleman to get an estimate from CON-WAY. He received an estimate of ~$290. That seemed reasonable to me and I asked him to send the chassis via CON-WAY Western Express. The chassis was sent from Odessa, Florida 33556-5306 in the typical class that every other chassis was sent using CON-WAY Western Express and that is with a Class 100 designation. Again, Everett Morrison Motorcars has sent many bare chassis like mine with this designation. When it arrived to my home in Albuquerque, New Mexico, the driver presented me with at shipping bill of $599.23. I was shocked and confused at the extreme increase in shipping. I told the driver that there must be a problem because I received an estimate of $290.00. Understandably, he explained that he didn’t handle billing disputes and he suggested I call his supervisor at CON-WAY. I spoke to a gentleman by the name of Brian. I explained to Brian that I had received an estimate of $290. Brian told me, after checking my account, the classification had been changed. I asked why I had not been notified. I explained that I choose CON-WAY because they were reasonably priced and in line with what was the norm for such a shipment as mine. Brian told me that it was CON-WAY’s legal right to change classification if they deemed it necessary. I said that that was fine but why wasn’t I notified of the change. He explained that in the “Terms and Conditions” spelled out in the agreement, that kind of notification wasn’t required. I couldn’t believe what I was hearing!! What kind of company treats it’s customers in this fashion? While I did have cash in hand for the estimated costs, now that they had more than doubled, I paid with a personal check. The CON-WAY invoice is clearly marked by the driver as “#013101 S.W., Paid CK#6517, Driver Collect”
I began to inquire with several trucking firms and each one said that, while it is within the legal rights of trucking companies to change the classification, it is very unusual for them to exercise that right and almost never to the increase that CON-WAY has changed my shipment. That is from a Class 100 to the most expensive designation of a Class 300. Although feeling treated very poorly, I let the matter drop until….
Many months later, a billing representative by the name of Shirley called me from CON-WAY. She asked me if my check to CON-WAY had cleared. I had checked earlier that month and it had not. She explained that CON-WAY had somehow lost my check and she asked if I would send another. I told her that I couldn’t do it anytime soon as I do not work near my banking institution and it would require me taking time off work. I explained that a cancelled check requires the transaction to be done during regular banking hours and the bank closes before I get off work. She left an address to send the check and a number to call when I did send it. My feelings are that I have met all legal obligations to CON-WAY. I paid and have a receipt for the payment.
Having met all legal obligations to CON-WAY, there is not much a customer can do in correcting the check mismanagement that the company has incurred. I have received today, August 8, 2005, a bill from CON-WAY Western Express. On it, in the back, is the “Terms and Conditions”. It is the first time I have had to review the terms as, again, I was not the originator of the contract. Still, I have met the terms of the agreement and no one at CON-WAY has contested this. The representative, Shirley, admits that the check loss was the fault of CON-WAY. In the interest of extending the “olive branch”, despite the poor treatment that I have received, I have offered one scenario. If CON-WAY will send me a corrected invoice with the classification returned to the original Class 100, I will be more than happy to pay that amount in full with a Cashiers Check sent by Certified Mail or I will personally deliver the Cashiers Check to the Albuquerque office. The long story made longer...if a customer gives a check to a company and the company loses it, is the customer responsible for reissue?